In summary…
A non-resident who sells real estate in France pays a levy of 19% on the capital gain (for individuals) and social security contributions of 17.2%, reduced to 7.5% if they are affiliated with a social security scheme in the European Union, the European Economic Area, or Switzerland. The notary files the declaration within one month of the deed of sale, along with payment.
Our position: there are no unpleasant surprises at the notary's office when the calculation is done before signing the preliminary sales agreement. The tax allowance for the holding period and the choice of the sale date have more weight than the interest rate itself.
«The notary told me I needed a tax representative, and that the tax would be paid before I received the proceeds.» The reaction is almost always the same for homeowners who have left a city like Lyon: the surprise lies in the mechanics, not the principle. Our article on the tax representative deals with the guarantor's point; this unfolds the sale from beginning to end, including the calculation.
1. The procedure at the notary's office
The notary files the declaration; payment accompanies the declaration.
The notary files the capital gains tax return (form 2048-IMM) within one month of the date of the deed. The return must be accompanied by payment of the tax and social security contributions, and the tax on high capital gains is paid upon filing. Having the necessary funds ready before the deed is executed, and arranging the payment with the notary's office, prevents the payment deadline from being discovered on the day of signing.
When an accredited representative is required
For sales exceeding €150,000 made by a seller domiciled outside the European Economic Area, or in a state within this area without an administrative assistance and recovery agreement with France, the declaration must include the designation of a accredited representative. He undertakes to pay the levy and any potential fine in place of the seller, even following a subsequent audit. Below €150,000, there is no requirement to designate a representative.
For the technician. Article 244 bis A of the French General Tax Code (tax on capital gains from real estate of non-residents). Instructions for form 2048-IMM (2026 edition): filing by the notary within one month of the deed, payment upon filing, appointment of an accredited representative for amounts exceeding €150,000, undertaking by the representative also covering a subsequent audit (form 2048-IMM-SD of 02-2025: "agrees to represent the non-resident seller").
2. Calculating capital gains
Two flat rates and a discount that works every year
The purchase price is increased by acquisition costs, either a flat rate of 7.5 % or actual costs, and by the cost of renovations, a flat rate of 15 % if the property has been held for more than five years, or actual costs if justified. The allowance for holding period then applies, differently for income tax and social security contributions:
| Length of detention | Income tax allowance | Social security contribution reduction |
|---|---|---|
| Up to 5 years old | 0% | 0% |
| From grades 6 to 21 | 6 % per year | 1.65 % per year |
| 22nd year | 4% | 1.6% |
| Beyond the 22nd year | Exemption | 9 % per year |
| Beyond the age of 30 | Exemption | Exemption |
A taxable capital gain exceeding €50,000 also triggers a high capital gains tax (Article 1609 nonies G of the French General Tax Code): 2. Tax brackets (%) from €60,001 to €100,000, 3. Tax brackets (%) from €110,001 to €150,000, 4. Tax brackets (%) from €160,001 to €200,000, 5. Tax brackets (%) from €210,001 to €250,000, and 6. Tax brackets (%) above €260,000, with a smoothing effect in the intermediate brackets. Sales exempt from this tax, such as the sale of a primary residence within the specified timeframe or the €150,000 exemption detailed in our article on selling a primary residence before or after leaving the country, are not subject to this tax.
3. Social security contributions of a non-resident
Capital gains on real estate are one of the few forms of capital income for non-residents subject to social security contributions, at a rate of 17.2% (9.2% CSG, 0.5% CRDS, and 7.5% solidarity levy). The increase to 18.6% that has affected investment income since January 1, 2026, does not apply to capital gains on real estate. An exception applies: sellers affiliated with a mandatory social security scheme in another EU or EEA state, or in Switzerland, are exempt from CSG and CRDS but remain liable for the 7.5% solidarity levy, provided they declare their status and furnish supporting documents if requested by the tax authorities. A special case exists for those affiliated with the British National Health Service, subject to conditions of nationality or legal residence: it is detailed in note (1) of form 2048-IMM. Further details are provided in the article on the solidarity levy of 7.5 %.
Worked example
Situation. A homeowner residing outside the European Economic Area is selling a Lyon apartment in 2026 for €420,000, which he acquired for €250,000 in 2008 (18 years of ownership). The property is not his primary residence and he does not meet the conditions for the €150,000 exemption.
Issue. He thought he owed "19 % of the winnings" and discovers two bases, two allowances and a representative to be appointed since the price exceeds €150,000.
Strategy. Calculate the costs before the agreement, including fixed fees and discounts, then plan the payment and the representative in the schedule of the deed.
Result. Capital gain of €113,750 after standard deductions. Tax: 22% of the capital gain remains taxable (13 years beyond the fifth at 6% of the capital gain), i.e., €25,025, hence €4,755 at 19 %. Social security contributions: 78.55 % remain taxable (13 years at 1.65 %), i.e. €89,351, hence €15,368 at 17.2 %. Total: €20,123. Affiliated with the social security of an EU, EEA or Swiss state, social security contributions fall to €6,701 (7.5 %) and the total to €11,456.
Hypotheses. Gross capital gain 420,000 − 250,000 = 170,000 €; acquisition costs at a flat rate of 7.5 % (18,750 €) and works at a flat rate of 15 % (37,500 €), hence a capital gain of 113,750 €; allowance of 78 % for tax and of 21.45 % for social security contributions; capital gain subject to tax less than 50,000 €, therefore no tax on high capital gains; notary fees, representative fees and any other costs not taken into account. Illustrative example, calculated using the rules in force on 23/10/2026.
For the technician. Articles 244 bis A, 150 U, 150 VB and 150 VC of the French General Tax Code (capital gains, flat-rate allowances, deductions). Article 1609 nonies G of the French General Tax Code: tax on high capital gains. Article 235 ter of the French General Tax Code: solidarity levy of 7.5%. Social security contributions at an overall rate of 17.2% (CSG 9.2%, CRDS 0.5%, solidarity levy 7.5%): see form 2048-IMM (2026 edition), note (1). Rate of 19%: see form 2048-IMM (2026 edition), line 61, "regardless of their place of residence". For a non-resident legal entity, the levy is 25% (line 62).
4. What we decide before signing the preliminary agreement
- The date of sale : a property close to a tax abatement threshold (the 22nd year for tax, the 30th for social security contributions) may justify waiting a few months.
- The seller's social status : affiliation to an EU, EEA or Swiss scheme changes the rate of social security contributions, and the certificate must be ready.
- Exemptions : main residence sold within the time limit, or exemption capped at €150,000, before any other strategy.
- The representative and the payment : designation if the price exceeds €150,000 and the seller is outside the EEA, sum available on the day of the deed.
Our position
The rate is fixed, but the allowance and the date are not.
In a sale involving a non-resident, too much discussion focuses on the 19% % tax rate and not enough on the timing. The rate is not negotiable; the holding period, the seller's social status, and the available tax exemption are examined before the preliminary sales agreement, not in front of the notary.
Frequently asked questions
Can the notary deduct tax from the sale price?
The notary files the declaration within one month of the deed, along with payment of the tax and social security contributions. Payment arrangements are made with the notary's office.
What is the capital gains tax rate for a non-resident?
19 % for a natural person, regardless of their place of residence, plus 17.2 % of social contributions, reduced to 7.5 % for those affiliated with an EU, EEA or Swiss scheme, with allowances for length of ownership.
Is a tax representative always required to sell in France?
No: it is required above €150,000 for sellers domiciled outside the EEA or in an EEA state without an administrative assistance and recovery agreement. Below €150,000, it is waived.
Are you a non-resident selling a property in France?
The first meeting is used to quantify the capital gain, verify exemptions and applicable social status, and prepare the schedule with the notary.
Are you a notary, lawyer, or chartered accountant? And you are assisting a non-resident seller? We act as a co-contractor on the calculation and preparation of the file: the client remains yours.
Book an appointment
The initial consultation is to establish your exact situation and determine if there is anything that can be done—sometimes there is nothing, and we will say so as well. Thirty minutes, with no obligation.
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Alexis Sagnier, financial and real estate investment advisor, insurance broker, AMF certified. ORIAS 13003497. Updated on 23/10/2026.
